R Deepa v. State Rep By

T.V.THAMIILSELVI, J., The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(B), 406 & 420 of IPC r/w 76(1) of the Chit Funds Act, 1982 in Crime No.18 of 2024, on the file of the first respondent, seek anticipatory bail.

2. The case of the prosecution is that the mother of the petitioners who is A1 in this case was running unregistered chit and the defacto complainant also one of the bidder. The defacto complainant and her relatives has joined 10 chit schemes and after maturity A1 has not paid the chit bid amount of Rs.11,15,500/- to them. The defacto complainant also lent hand loan of Rs.12,00,000/- to A1 during the year 2021 & 2022 and the same was also not returned. The petitioners also jointly conducted chit along with A1 and the petitioners used to collect the monthly installments from the defacto complainant and others. Subsequently, the defacto complainant came to know that the petitioners and other prime accused had cheated many people without returning the chit amount and cheated them. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that the 1st petitioner is the father and 2nd petitioner is the mother of the petitioners and that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that A1 and A2 in this case was already arrested and subsequently released on bail. He also submitted that A1 and A2 who is the father and mother of the petitioners was running the unregistered chit and that the petitioners are no way connected with the alleged chit conducted by their parents. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent raised objection stating that there are totally 4 accused in this case and that the petitioners are arrayed as A3 and A4. He further submits that A1 and A2 who are the father and mother of the petitioners was conduced the unregistered chit and that the petitioners are acted as to collect the chit amount from the depositors. He further submitted that A1 and A2 was already arrested but no recovery was made from them and the total cheated amount to the tune of Rs.1,62,34,388/-. Hence, he raised strong objection.

5. The learned counsel for the intervenor also appeared and raised strong objection to grant anticipatory bail to the petitioners since the petitioners have running unregistered chit and also cheated to the tune of Rs.1,62,34,388/- from the defacto complainant and other victims.

5. Heard the learned counsel for the petitioners, learned counsel for the intervenor and also the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Considering the facts and circumstances of the case and the submissions made by the counsels and on considering the gravity of offence, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. 29.07.2024 ssi

T.V.THAMIILSELVI, J., ssi 29.07.2024